Thousands demand closure of Bangladesh War Crime Tribunal

London, 20 November: Thousands of Bangladeshi expatriates gathered in front of the British parliament square to demand immediate closure of Bangladesh War Crime Tribunal terming it a biased and partisan court. Organised under the banner of ‘Save Bangladesh’, a Bangladeshi campaign organisation for human rights, democracy and fair governance in the country the gathering bear placards pointing out 17 reasons for the tribunal to be postponed.

Lord Nazir joined the demo to express his solidarity with the demand of the protester. He said,’ My brothers I have come to join you in this demonstration because I am also deeply concerned with the abuses of human rights and the political trail that are taking place in Bangladesh. Like you I love Bangladesh. Like you I also support Bangladesh and as member of the all party parliament group, the reason I said that because I do not want anybody to be mistaken that as I am of Kashmiri Origin, I am here to speak about anything else. I am here because I love Bangladesh. But I do not like the policies of this government. Because when Sheikh Hasina was out of the country, she used to come to this parliament because she wanted to go back to Bangladesh and I supported her along with baroness Uddin. But he went in to power she abused human rights, in fact tortured many members of oppositions which is unacceptable. I know many cases where people have suffered, they have disappeared, they have been brutally treated and they have injury. There are people in prison for four years without any charge and without any trial. So, I will ask my colleague in the House of Lords and in the House of Commons. I speak to you as a member of the all party parliamentary group on Bangladesh and I am the treasurer of the group. I do not like the policies of this government and all those trial must now stop and people need to be released and there needs to be justice in Bangladesh. So everyone, regardless of political party is treated equally and they are also released with respect.’

Barrister Nazrul Islam, Chairman of ‘Save Bangladesh’ said, The International War crime Tribunal of Bangladesh lacks any international standard. It is a partisan court establish to suppress the voice of the oppositions. Leaders of oppositions party Jamaat-E-Islami and BNP has been arrested under false charges. Government has failed to produce any credible evidence against the accused Jamaat leaders that they were involved in any sort of criminal activities or violated human rights during the nation’s liberation war in 1971. A law drafted in 1973 is the basis of this tribunal which was condemned by many international organisations, including International Bar Association, European Union, United Nations, US State Department and moreover British Parliament. The IBA has proposed 17 amendments to the law which was ignored by the Bangladesh Government. Even Stephen J Rapp, ambassador at large of President Barak Obama to the War Crime Tribunal suggested that laws of the ICT are flawed and must be brought to the internationally agreed standard. ‘That is why we demand that this Tribunal must go as it has no credibility to judge the accused because of its flawed and partisan nature.’ Said Nazrul.

This is neither an international tribunal nor a domestic tribunal. This is something vague, says Barrister Abu Bakar Molla, Spokesperson of Bangladesh Jamaat-E-Islami in Europe, adding that an international tribunal should have international judges, international prosecutors and should be conducted under international law. This is not a domestic tribunal either, because it excludes domestic rules of procedure and evidence applied in all criminal cases in Bangladesh under the Criminal Evidence Act and the Criminal Procedure Act.

Citing the incidence of abduction of a defense witness on October 21 this year, Mollah said that, Mr Sukharanjan Bali was forcibly taken away around 10:30 a.m. by plain-clothes officers who identified themselves as members of the police Detective Branch as he entered the court premises with members of the defense team. Instead of using their powers under Bangladeshi law and the tribunal’s rules of procedure to order an impartial investigation, the court asked the prosecution to look into the allegations and later accepted its statement that the entire story was fabricated. This proves that the tribunal is not there to do the justice but to punish the accused at any cost. Molla said, how absurd it is when the judge panel limits the number of defense witness to 12? Would it be an exaggerated statement if we say that the Judges of the ICT are trying to declare their verdict based on he says, she says evidences?

Other Speakers said, ICT has issued an embargo against defense lawyer Tazul Islam from attending the court to defend his client under the allegation of contempt of court on 21 October. The only crime of Tazul was that he objected accepting the version of prosecution story regarding the abduction of Sukhranjan Bali, a defense witness by the ICT no-1 Chief Justice Nizamul Haq. The Tribunal even blamed Mr.Tajul Islam for the disparaging remarks made by the prosecution witness against him. The Tribunal alleged that Mr. Tajul Islam had provoked the prosecution witness into making the disparaging remarks. The Tribunal also stated that in leaving the Tribunal premises Mr. Tajul Islam had committed misconduct under Rule 45B of the International Crimes Tribunal Rules of Procedure, 2010. Mr. Tajul Islam was directed by the Tribunal to show cause within 15 days as to why legal action should not be taken against him for misconduct. This and many other reasons has convinced the people of Bangladesh that the Tribunal is farce and its activities should no longer continue.

A delegation led by Barrister Nazrul Islam and Abubakar Molla visited the parliament in session and submitted a memorandum.